Contractors Beware – Maryland’s Economic Loss Doctrine is Alive and Well

Saul Ewing | February 23, 2016 Summary Maryland recently reaffirmed application of the “economic loss doctrine” to damages sought in construction disputes in Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl, LLP, No. 496, Sept. Term 2014, 2016 WL 360875 (Md. Ct. Spec. App. Jan. 28, 2016).  Thus, while some jurisdictions permit a contractor’s… Continue reading Contractors Beware – Maryland’s Economic Loss Doctrine is Alive and Well

Engineers Beware !! California Courts have held Engineers Owe a Duty of Care and are Liable to Contractors for Plans and Specifications used in the Bidding Process

James C. Earle, Esq. | Ervin Cohen & Jessup LLP | December 18, 2015 In a detailed explanation of an Engineer’s duties and responsibilities, the United States District Court for the Northern District of California held that an engineer that prepares plans and specifications relied upon by contractors in preparing their construction bids for a… Continue reading Engineers Beware !! California Courts have held Engineers Owe a Duty of Care and are Liable to Contractors for Plans and Specifications used in the Bidding Process

Florida Supreme Court Embraces “Consumer-Expectation” Test for Design Defect Claims

Walter G. Latimer | Wilson Elser | December 8, 2015 The Florida Supreme Court recently issued a significant decision that will affect all strict product liability/design defect cases litigated in Florida. In Aubin v. Union Carbide, decided October 29, 2015, the Court rejected the risk-utility test in favor of the consumer-expectation test. The consumer-expectation test examines… Continue reading Florida Supreme Court Embraces “Consumer-Expectation” Test for Design Defect Claims

Connecticut Supreme Court Upholds Jurisdiction of Arbitration Panel for Claims Arising on Public Works Construction

Dennis C. Cavanaugh, Linda L. Morkan and Todd R. Regan | Robinson Cole | December 2015 The Connecticut Supreme Court recently issued an important decision confirming the rights of design professionals, construction managers, and contractors to assert claims under contracts with the state. The decision also reinforces the binding nature of arbitration awards concerning such… Continue reading Connecticut Supreme Court Upholds Jurisdiction of Arbitration Panel for Claims Arising on Public Works Construction

Architects and Design Professionals Can Be Held Liable For Defects Based On Third Party Claims

Joseph M. Fenech, Esq. | Low, Ball & Lynch A homeowners association, on behalf of its members, sued a condominium developer and various other parties for construction design defects that allegedly made their homes unsafe and uninhabitable for a significant portion of the year. Two defendants were architectural firms that allegedly designed the homes in… Continue reading Architects and Design Professionals Can Be Held Liable For Defects Based On Third Party Claims

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